U.S. v. CREWS

No. 09-30183.

612 F.3d 1131 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Uhuru Navanda CREWS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 23, 2010.


Attorney(s) appearing for the Case

Francesca Freccero, Assistant Federal Public Defender, Portland, OR, for defendant-appellant, Uhuru Navanda Crews.

Stephen F. Peifer (argued), United States Attorney's Office, Portland, OR, and Kent S. Robinson, Acting United States Attorney, for plaintiff-appellee, United States of America.

Before: RICHARD A. PAEZ, RICHARD C. TALLMAN, and MILAN D. SMITH, JR., Circuit Judges.


MILAN D. SMITH, JR., Circuit Judge:

We address whether a conviction under Oregon's second-degree assault statute, Or.Rev.Stat. § 163.175(1)(b), is a "crime of violence" under the Sentencing Guidelines' "residual clause," U.S. Sentencing Guidelines Manual § 4B1.2(a)(2) (2008) (hereinafter U.S.S.G.). We hold that it is, and we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On February 13, 2009, Uhuru Navanda Crews pleaded guilty to being a felon...

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